[Federal Register Volume 90, Number 104 (Monday, June 2, 2025)]
[Notices]
[Pages 23372-23373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09860]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1417]
Certain Hydrodermabrasion Systems and Components Thereof III;
Notice of a Commission Determination To Issue a Limited Exclusion Order
and Cease and Desist Orders; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to issue a limited exclusion
order (``LEO'') barring entry of certain hydrodermabrasion systems and
components thereof by or on behalf of respondents Medical Purchasing
Resource, LLC, Bio-Infusions USA Inc., MIRAmedtech UG, eMIRAmed USA,
LLC, and MIRAmedtech SP. Z.O.O. (collectively, ``Defaulting
Respondents''); and cease and desist orders (``CDOs'') against the
Defaulting Respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS)
[[Page 23373]]
at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 13, 2024, based on a complaint, as supplemented, filed by
HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, California
(``HydraFacial''). 89 FR 74995-96 (September 13, 2024). The complaint,
as supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain
hydrodermabrasion systems and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 11,446,477 (``the
'477 patent''). Id. The complaint also asserts that a domestic industry
exists.
The Commission's notice of investigation names as respondents: Luvo
Medical Technologies Inc. of Ontario, Canada; Clarion Medical
Technologies, Inc. of Ontario, Canada; Healthcare Markets, Inc. d/b/a
Powered by MRP of Park City, Utah; Medical Purchasing Resource, LLC of
Little Elm, Texas; Bio-Infusions USA Inc. of Seminole, Florida;
MIRAmedtech UG of Neulingen, Germany; eMIRAmed USA, LLC of Irvine,
California; and MIRAmedtech SP. Z.O.O. of Warsaw, Poland. Id. The
Office of Unfair Import Investigations is not participating in this
investigation. Id.
On January 2, 2025, the Commission found respondent Medical
Purchasing Resource, LLC in default. Order No. 7 (Dec. 9, 2024),
unreviewed by Comm'n Notice (Jan. 2, 2025).
On February 6, 2025, the Commission found respondents Bio-Infusions
USA Inc., MIRAmedtech UG, eMIRAmed USA, LLC, and MIRAmedtech SP. Z.O.O.
in default. Order No. 13 (Jan. 17, 2025), unreviewed by Comm'n Notice
(Feb. 6, 2025).
On April 10, 2025, HydraFacial filed a declaration under Commission
Rule 210.16(c)(1) (19 CFR 210.16(c)(1)) (``Declaration'') requesting
immediate entry of an LEO and CDOs against the Defaulting Respondents.
HydraFacial also requested a bond in the amount of 100 percent of the
entered value of the infringing articles imported during the period of
Presidential review.
On April 24, 2025, the Commission issued a notice terminating the
investigation as to the remaining active respondents, Clarion Medical
Technologies, Inc., Luvo Medical Technologies, Inc., and Healthcare
Markets, Inc. d/b/a Powered by MRP based on settlement agreements.
Order No. 16 (April 4, 2025), unreviewed by Comm'n Notice, 90 FR 17259-
61 (April 24, 2025) (``the Remedy Notice''). In the same notice, the
Commission asked parties to the investigation, interested government
agencies, and any other interested parties to file written submissions
on the issues of remedy, the public interest, and bonding. Id.
On May 6, 2025, HydraFacial filed a written submission requesting
the Commission to issue an LEO and CDOs against the Defaulting
Respondents, and providing information requested by the Remedy Notice.
The Commission received no other written submissions in response to the
Remedy Notice.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue a limited exclusion order or a cease and desist
order or both against a respondent found in default, based on the
allegations regarding a violation of section 337 in the complaint,
which are presumed to be true, unless after consideration of the public
interest factors in section 337(g)(1), it finds that such relief should
not issue.
Having examined the record of this investigation, including
HydraFacial's Declaration and its submission in response to the Remedy
Notice, the Commission has determined, pursuant to section 337(g)(1)
(19 U.S.C. 1337(g)(1)), that the appropriate remedy in this
investigation is: (1) an LEO prohibiting the unlicensed entry of
certain hydrodermabrasion systems and components thereof by reason of
infringement of certain claims of the '477 patent by the Defaulting
Respondents and (2) CDOs directed to the Defaulting Respondents. The
Commission has determined that the public interest factors enumerated
in subsection 337(g)(1) do not preclude the issuance of the LEO and
CDOs. The Commission has further determined that the bond during the
period of Presidential review pursuant to section 337(j) (19 U.S.C.
1337(j)) shall be in the amount of one hundred percent (100%) of the
entered value of the imported articles that are subject to the LEO.
The investigation is terminated.
The Commission vote for this determination took place on May 27,
2025.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: May 27, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-09860 Filed 5-30-25; 8:45 am]
BILLING CODE 7020-02-P